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which inspires it, the possibility of perfecting the pact
to be drawn up between the nations, so that all the mem-
bers of the international organization taking part, may
come to have, in the near future, a greater participation
in its decisions.
4. It considers it essential that there be included
among the principles of the organization to be set up the
respect and maintenance, by all the members, against any
external aggression and the territorial integrity and
political independence of each one of them.
5. It seems desirable that the pact to be drawn up
should make mention that when a controversy, under 4, 5
and 6 of Section A, Chapter VIII of the project, does not
reach a solution by agreement between the parties, the
Security Council should submit the question to the
International Court of Justice, or to a Court of Arbitra-
tion to be organized in accordance with the methods fore-
seen in the Geneva, Protocol of October 2, 1924, depending
upon whether or not it deals with a conflict of a jurid -
ical nature, excepting, however, the questions dealt
with in paragraph 7 - questions which international law
leaves to the exclusive competence of each state. It seems
to it that the action of the Security Council should only
make itself felt, in these cases, for that purpose, and
to maintain and restore peace, or to assure the fulfill-
ment of a judgment.
6. It is believed to be indispenscble that decision
should not be left to the interested party, during the
course of a controversy in which peace is endangered, as
to whether it should be included among those questions which
international low leaves to the exclusive competence of the
interested state (Paragraph 7, Section A, Chapter VIII), it
being deemed advisable that, in each case, the classifica-
tion of these questions be referred to the International
Court of Justice at the request of one of the parties or
of the Security Council. It is understood that, if the
decision of the Court is affirmative, the Security Council
should take measures, if necessary, to prevent any disturb- -
ance of peace and international security, and that, if the
Court should decide that the controversy is not of such a
character, the Council should submit it to the processes
prescribed in the pact to be drawn up, for the pacific
solution of international conflicts.
395
- 2 -
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"ocrText": "which inspires it, the possibility of perfecting the pact\nto be drawn up between the nations, so that all the mem-\nbers of the international organization taking part, may\ncome to have, in the near future, a greater participation\nin its decisions.\n4. It considers it essential that there be included\namong the principles of the organization to be set up the\nrespect and maintenance, by all the members, against any\nexternal aggression and the territorial integrity and\npolitical independence of each one of them.\n5. It seems desirable that the pact to be drawn up\nshould make mention that when a controversy, under 4, 5\nand 6 of Section A, Chapter VIII of the project, does not\nreach a solution by agreement between the parties, the\nSecurity Council should submit the question to the\nInternational Court of Justice, or to a Court of Arbitra-\ntion to be organized in accordance with the methods fore-\nseen in the Geneva, Protocol of October 2, 1924, depending\nupon whether or not it deals with a conflict of a jurid -\nical nature, excepting, however, the questions dealt\nwith in paragraph 7 - questions which international law\nleaves to the exclusive competence of each state. It seems\nto it that the action of the Security Council should only\nmake itself felt, in these cases, for that purpose, and\nto maintain and restore peace, or to assure the fulfill-\nment of a judgment.\n6. It is believed to be indispenscble that decision\nshould not be left to the interested party, during the\ncourse of a controversy in which peace is endangered, as\nto whether it should be included among those questions which\ninternational low leaves to the exclusive competence of the\ninterested state (Paragraph 7, Section A, Chapter VIII), it\nbeing deemed advisable that, in each case, the classifica-\ntion of these questions be referred to the International\nCourt of Justice at the request of one of the parties or\nof the Security Council. It is understood that, if the\ndecision of the Court is affirmative, the Security Council\nshould take measures, if necessary, to prevent any disturb- -\nance of peace and international security, and that, if the\nCourt should decide that the controversy is not of such a\ncharacter, the Council should submit it to the processes\nprescribed in the pact to be drawn up, for the pacific\nsolution of international conflicts.\n395\n- 2 -"
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